as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you read the articles. we know now he ran after his own brother. you know what the defense is going to be. i was brainwashed by my brother. i ran over him to get away. >> the older brother, basically was even asked to leave his own mosque because his anti-american views were so strong that the islamic community in cambridge was outraged. >> if they saw this happen, raise th